Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-05
OPINION OF HON. CREED RAYMOND.
"A Review of the Provisions of the New
Aaw-The Exercise and Limita-
tion of Regulatiye Power.
SHORT AND LoNe-HAUL CLAUSE
Forcible Conclusions Under Deci
sions of United States Courts,
and as Sequence of Reg
uIatiye Control.

have before me An Act to Regulate Com
nerce." passed by the Congress OF the United
States and approved by the President on the 4th
day OF February, 1857 l am asked by the South
ezn Pacific Company a common carrier largely
engaged in interstate transportation, for an in
depreciation and construction of Sections l, 2, 8
and ofthe Act. in order that it may conform to
these provisions in its operations.
For the first time in its history the National
Government has undertaken to exercise any
considerable control over the railroads of the
country, in so far as they are engaged in inter
state and foreign transportation. The magni-
tude of the interests involved, and the effect
which Congressional control, as asserted by the
Act in question, may have not only upon the
property, but upon all of the other great inter
ests of the country, enhance the importance of
the investigation in hand, and call for a broad
and liberal Interpretation becoming the import
anoe of the subject.
PROVISIONS OF THE ACT.
Sections l, 2, 8 and of the Act after dein-
ing the class of carriers to whom its provisions
shall apply, provide, substantially, that all
charges made for services rendered in the
be reasonable and just that no unjust diserimi-
nation or undue or unreasonable preference or
advantage shall be made against or given to
any person or locality that reasonable and
equal facilities shall be given for the inter
change of traffic between respective lines en-
gagged in the business; and that no common car
rier affected by the Act shall charge or receive
any greater compensation, in the aggregate, for
the transportation of passengers or of like kinds
of property, under substantially similar circum-
stances and conditions, for shorter than for
longer distance, over the same line, in the same
direction, the shorter being included in the
longer distance. 1t is further provided that the
Commissioners appointed under the Act may,
in special cases, suspend the operation of the
clause last referred to-
SOURCE OF AUTHORITY FOR LEGISLATION.
The Constitution of the United States, Article
l., Section s, grants to the National Government
power to regulate commerce with foreign
nations and among the several States and with
the Indian tribes" 1t is under this grant of
power that Congress finds its authority to enact
the law in question, and for the time being we
will assume that the grant is broad enough for
that purpose, and that the provisions of the sec
tions in question lie within the domain of na-
tional legislation. Upon this assumption, the
power to enact such law rests exclusively in
the National Legislature, for in the regulation
of commerce among the States and with foreign
nations, there can be only one system of
rules applicable alike to the whole country, and
the authority which can act for the whole
country can alone adopt such system. (Coun-
ty of Mobile vs. Kimball, 102 U. s. 69l Wabash
etc, Railway Company VS.. Illinois lis L. S. 57i !;
Gloucester Ferry Company VS.. Pennsylvania Ia
q. S. 202)
This jurisdiction being exclusive, it follows
that until Congress exercises its authority for
eign and interstate commerce is free and IN
trammeled-twelton VS.. Missouri. Otto 275;
Brown VS.. Houston, ia U. s., p. 622; the Mon
teIlo, IL Wall, 41ll-and that far as interstate
transportation has heretofore been conducted by
rail, there has been no law applicable to or gov
erning the same. The power to regulate inter
state commerce has never been exercised by the
National Government, either by the enactment
of code of rules or by the adoption of the law
of England governing the relations between
carriers and their patrons.s
No Act of a State Legislature applying in spe-
cific terms TO such commerce, and providing
rules or regulations therefor or applying the
the same.
In seeking for the intent fthe national legis-
latnre in passing the Act in question: it is of the
first Importance to bear in mind that heretofore
there has been no law in the United States re-
Iating to the subject matter here considered.
This fact, coupled with the history of the times,
removes much Of the difficulty in the way of in
terpreting and constituting the sections in ques.
ton.
RAILROAD AND NATIONAL DEVELOPMENT.
In the year 1860 there was in operation in the
United States but 80, ,6s5 n les of railroad, and
nearly one half of the territory OF the Federal
jurisdiction was waste and without the de-
ruinion of white man. Within a quarter
of q century 100000 miles of railroad have
been constructed. much Of it in advance
Of civilization, and territory has been opened
I'D and given to useful purposes greater in ex-
tent than many empires, and of value to the
commercial interests OF the world that cannot
even at this moment be estimated
The United states has in that time arisen to g
place among the first powers of the earth. We
have no example in ancient or modern times o.
sueh material advancement and progress
within that time a public debt has been con
tracted and almost extinguished, so great il
amount that its payment could hardly evel
have been anticipated. The frontiers of the
country have been driven from its eastern and
western boundaries to the center of the cont
nent and there obliterated. The wheat fields o.
the Northwest and the cattle ranges of the
southwest have been brought into competition
with those lying upon the seaboard and the
sSorE-It has been declared by the Supreme
Court of the United States. % be clear thai there
can by no common law OF The Union. The Fed
eral Government i composed Of twenty -foul
sovereign and independent States, each Of which
may have its local usages and common law; but